public notification letter fsc® chain of custody ... · assessment(s) and dds – according to the...

Version 1-0 (February 2017) | © SCS Global Services of 2

Public Notification Letter

FSC® Chain of Custody Controlled Wood Stakeholder Consultation To: Interested Parties

From: SCS Global Services

Consultation period: 7 Nov 2017 – 19 Dec 2017

Re: Notification of intent to audit Siam Tree Development Co., Ltd. against FSC Chain of Custody Controlled Wood standard FSC-STD-40-005 V3-1

The Forest Stewardship Council® (FSC) requires that a certification body conducting an audit of a certified organization or applicant must consult stakeholders whenever the audit includes intent to source and use uncertified material in an FSC Chain of Custody (CoC) program according to the requirements in FSC-STD-40-005 V3-1 “Requirements for Sourcing FSC Controlled Wood”. Therefore, SCS Global Services (SCS) is seeking input from interested and directly affected stakeholders regarding the relevance, effectiveness, and/or adequacy of Siam Tree Development Co., Ltd.’s Due Diligence System (DDS).

An explanation of ‘FSC Controlled Wood’, as well as a copy of FSC-STD-40-005 V3-1, is available here: https://ic.fsc.org/en/certification/types-of-certification/controlled-wood-02 ; a copy of this standard is also available from SCS upon request. Due Diligence Systems are required for certified organizations in order to avoid the sourcing and use of material originating from unacceptable sources in their FSC CoC program.

Directly affected stakeholders include any person, group of persons, or entity that is, with high probability, subject to the effects of the activities related to an organization’s controlled wood sourcing program, including the activities of their suppliers and sub-suppliers, as well as those who influence risk identified through the organization’s Due Diligence System.

This letter serves as SCS’ invitation to directly affected stakeholders to participate in our consultation process. This letter also serves as SCS’ public notification for any interested stakeholders, who are also invited to participate in the consultation process. Participation in this stakeholder consultation process is voluntary; stakeholders are not required to submit comments. Scope of audit and audit details: The audit will assess the conformity of the organization’s controlled wood program – including Risk Assessment(s) and DDS – according to the certification requirements as per FSC-STD-40-005 V3-1. The company’s DDS Public Summary and Risk Assessment (excluding confidential information), as well as any other information or documents deemed relevant for the purpose of this stakeholder consultation, are included as appendices to this letter—see below. For a list of the information that is required to be publically available for stakeholder consultation by SCS, see FSC-STD-40-005 V3-1, Section 6.

2000 Powell Street, Ste. 600 Emeryville, CA 94608 USA +1.510.452.8000 main +1.510.452.8001 fax

https://ic.fsc.org/en/certification/types-of-certification/controlled-wood-02

Version 1-0 (February 2017) | © SCS Global Services of 2

Additional certificate holder information: https://info.fsc.org/details.php?id=a023300000ayhoDAAQ&type=certificate Options for participation and provision of comments: Please submit written comments and evidence (where appropriate) by mail, FAX or email to SCS:

SCS Global Services Att’n: Julian Eldridge, Chain of Custody Certification Services 2000 Powell Street, Suite 600 Emeryville, CA 94608 Fax: 510-452-6882 Email: [email protected]

A summary of the stakeholder consultation and comments received will be made publically available on the FSC certificate database, as per FSC-STD-20-011 V4-0. Verbatim comments will only by published with prior consent from the stakeholder and will not be associated with stakeholder names. Note that, while SCS is required to evaluate all information and comments objectively, SCS certification decisions are affected by stakeholder comments only insofar as the comments provide evidence of conformity or nonconformity to the applicable requirements. Within 30 days of making our certification decision, SCS will respond to all stakeholders who provided comments to explain how their comments were taken into account. More information about FSC and SCS can be found on our respective websites: www.fsc.org and www.scsglobalservices.com.

https://info.fsc.org/details.php?id=a023300000ayhoDAAQ&type=certificate

mailto:[email protected]

http://www.fsc.org/

http://www.scsglobalservices.com/


2000 Powell Street, Ste. 600 Emeryville, CA 94608 USA +1.510.452.8000 main +1.510.452.6882 www.SCSglobalservices.com

Version 1-1 (November 2016) | © SCS Global Services Page 1 of 6

Publically Available Information for FSC Controlled Wood Certificate Holders

INSTRUCTIONS

FSC® requires that organizations track their controlled material and publish specific findings. This form helps you meet the requirements in Section 6 of FSC-STD-40-005 V3-0 “Publically Available Information”.1

Organization Name SIAM TREE DEVELOPMENT CO,.LTD.

FSC COC Certificate Number SCS-COC-005579

Name of Authorized Representative (Contact information for person or position responsible for addressing

complaints)

[email protected] [email protected]

Procedure for filing complaints Note: for further details on complaints

procedure, see section 7 in FSC-STD-40-005 V3-0

Written complaints are registered in the company's database. Complaints are responded to within two weeks. Field verification is conducted when necessary.

1 This document is meant as guidance only, utilization of templates and guidance documents is no guarantee of conformity with FSC requirements. It is your organization’s responsibility to conform to relevant FSC requirements.




Risk Assessment Summary In the case that there are multiple risk assessments, copy and paste this table below for each

assessment.

Description of Supply Area THAILAND

Reference to the applicable Risk Assessment Extended risk Assessment

Submit applicable risk assessment (excluding confidential information) in a separate document

Risk Designations Summary For any category not rated as “Low” please fill in control

measures by risk assessment indicator

Sub-category

In order to select a checkbox, “double-click” on the box, and select default value as “checked”.

Overall Risk Designation for the Supply Area Unspecified (see below for

unspecified risk designations) Low

1. Illegally harvested wood Overall Risk Designation: Unspecified Low Control Measures per indicator (if applicable) Internal Audit, field verification and constantly monitor document

1.1 Unspecified Low 1.2 Unspecified Low 1.3 Unspecified Low

1.4 Unspecified Low

2. Wood harvested in violation of traditional and human rights Overall Risk Designation: Unspecified Low Control Measures per indicator (if applicable) Internal audit, field verification, constantly monitor document and regulary interviewing suppliers

2.1 Unspecified Low

2.2 Unspecified Low

2.3 Unspecified Low

2.4 Unspecified Low

2.5 Unspecified Low

3. Wood harvested from forests in which high conservation values are threatened by management activities Overall Risk Designation: Unspecified Low Control Measures per indicator (if applicable)

The company conducts a Risk evaluation during which presence of HCV sites vs. harvesting site is assessed. If this is the case these will be buffered during harvest operations. For wood chip suppliers, an audit for Controlled Wood Risk assessment is conducted, which includes document verification and field verification.

3.1 Unspecified Low

3.2 Unspecified Low

4. Wood harvested from areas being converted from forests and other wooded ecosystems to plantations or non-forest uses

4.1 Unspecified Low




Control Measures (if applicable)

5. Wood harvested from forests in which genetically modified trees are planted Control Measures (if applicable)

5 Unspecified Low




Stakeholder Consultation Summary N/A No stakeholder consultations conducted

Summary of the consultation process(es) performed according to

Annex B of FSC-STD-40-005 V3

Formal stakeholder consultation session was performed from 16 January to 24th February 2017. A random sample of stakeholders was contacted from each interest group. A questionnaire was hand delivered to each stakeholder. The questionnaire focussed on the 5 specific topics that FSC is concerned with (Legality, traditional rights, HCVs, forest conversion and genetically modified trees). It also contained a section where people could indicate any other concerns. Some suppliers (forest owners/community members) have been visited and interviewed in person, as other means of contact (e.g. by phone, postal or email) was not always available and this was also the most culturally appropriate way of contacting them In questionnaires total 23 questions were interviews to a cross section of interested stakeholders. The Staffs were visiting and interview stakeholders. Concerns raise by the stakeholders are taken into account and the following actions will be taken: •Increase awareness to forest owners about harvest equipment. •Repeat awareness on speed limits to company and contractor drivers •Remind suppliers about correct procedure of securing documentation before operations as well as forest owners to prepare documents they are entitled to. In addition, the company remind to the contractor for the following: •Knowledge of safety and proper equipment. The company encourages the supplier to use safetymethod and equipment in operations. •Boundary checking within a harvested area is done when agreed both. •Knowledge of Law. Sub-contractor must be abide by law, when they transport log to chip mills. The company’s feedback to the stakeholders was well received. They appreciated to be consulted for their concerns. None of the responding stakeholders noted any violations against the five FSC controlled wood categories.




Expert Engagement Summary N/A No expert engagement conducted

Information on the engagement of one or more experts in the

development of control measures in accordance with Annex C

of FSC-STD-40-005 V3

Note: For individual experts this includes the names of the experts,

their qualifications, their license/registration number (if

applicable), and the scope of their services. For publically available expertise, the specific sources of

information shall be cited.

The company engaged Ms. Sudarat Sangkhum, Agri-Forestry Project Manager, WWF-Thailand. Ms. Sudarat is actively involves in promoting sutainable agri-forestry plantation in Thailand. She is fully support growing Eucalyptus as a supplementary sources of income for the farmer. In principle, she feels that control measurement and verification system that has put in place is applicable and appropriate in the context of Thailand. The company engaged Dr. Nikom Laemsak, Dean of Faculty of Forestry, Kasetsart University for his viewpoint and opinon on the control measures and verification system. Dr. Nikom is one of the most prominent and well known academician in Forestry science in Thailand. He mentioned that boths are sufficient to ensure thate the operations is not impact to protected areas.




Summary of Field Verification (undertaken as a control measure)

N/A No field verifications conducted as control measures

A summary of the organization’s findings from field verification

undertaken as a control measure, and steps taken by the organization

to address identified non conformities where they occurred,

unless confidential. The organization shall provide a justification for the

exclusion of confidential information.

Note: The confidential nature of the information may be determined by

the legislation that the organization must be in compliance with.

Commercially sensitive information, and the names of individual

landholders may be treated as confidential.

Field verifications of sites are done as part of regular weekly inspections of harvest team's working practices. No non-conformities were noted.(อธบิายเพิม่เตมิกระบวนการทาํงาน)


Controlled wood extended company risk assessment

DEVELOPED BASED ON THE STANDARD FSC-STD-40-005 V3-1 Requirements for Sourcing FSC Controlled Wood

Date of preparation:

Date of the last review:

01/01/2017 30/06/2017

The organization Name: Responsible staff and email address:

Entity developing risk assessment Name:

Responsible staff and email address:

1.SIAM TREE DEVELOPMENT CO.,LTD Mr. Torpong ([email protected]) 2. Global woodchip trading Co.,Ltd Mr. Wisitsak ([email protected]) 3.The Siam Forestry Co.,Ltd Mr.Rataphon ([email protected]) 1.SIAM TREE DEVELOPMENT CO.,LTD Mr. Torpong ([email protected]) 2. Global woodchip trading Co.,Ltd Mr. Wisitsak ([email protected]) 3.The Siam Forestry Co.,Ltd Mr.Rataphon ([email protected])

The certification body Name: Responsible staff and email address:

Date of the last approval:

SCS global Services [email protected]

Area(s) under assessment: Thailand (East ,North East) Extended company risk assessment performed for supply area(s) or part thereof not covered by an approved FSC risk assessment

1. Extended company risk assessment Area under assessment: Thailand (East ,North East) Are maps of the sourcing area provided1? ☒Yes ☐No Specify directory to the maps: Attached file

NOTE: Please refer to Annex G of FSC-STD-40-005 V3-1 for example to fill in this report and refer to FSC-PRO-60-002a V1-0 for step-by-step guide of doing risk assessment.

Controlled wood category 1: Illegally harvested wood

1. Identification of applicable legislation ☐ Applicable legislation identified based on data available on the GFR2 Describe how the list available on the GFR was reviewed to ensure it is complete and up-to-date

The website is: www.globalforestregistry.org There is no document for Thailand in the website.

1 Providing maps directly with the extended company risk assessment means that the organization agrees with FSC reproducing them in order to populate maps on the FSC website (population of the maps will depend on their format and quality).



☒Applicable legislation identified using other sources Provide the location of the list of applicable legislation developed based on FSC-PRO-60-002a and structured according to Table 1 in FSC-PRO-60-002a:

See Annex B to the extended company risk assessment/directory to the file with the list.

Specify sources of information used for identification:

Forestry statistics data 2014 https://new.forest.go.th/economy www.forest.go.th/forestry www.forest.go.th/forestry_law/index

2. Assessment of enforcement of the applicable legislation;

Assessment for the indicators in the same sub-category of law may be jointly presented.

Indicator (Applicable

legality categories

and sub categories)

(1)

Sources of information2

(2)

Risk determination and specification (if not low

risk) Provide numbers of

thresholds3 that are met.

JUSTIFY THE OUTCOME (for each

threshold). (3)

Functional

scale4

(4)

Control Measu

res

(5)

Legal rights to harvest 1.1 Land tenure and management rights.

Land Law Act 2497(1954) Land Acquisition Act

2511(1968) - Forestry Law, 1941

- National Park Act, 1961 - National Forest Act 1964

- Wildlife Conservation and Protection Act, 1992

- Forest Park Law, BE 2535, BE 2558

‘Low Risk(1)’ Thailand has a policy of

land acquisition and land ownership documents

showing ownership of land. In order for the people to

benefit in the land, the national economic

development. By land ownership system there are two systems, namely land owned by the state. And the land is private.

The Forest Protection and Conservation Policy is still

ongoing and is being developed into five Forest Laws, namely Forest Law, 1984, National Park Act, 1961, National Reserved Forest Act, 1964, And the protection of wildlife in

1992 and the law on forest

2 Provide justification why only these sources were used in the assessment. 3 See threshold number as provided in FSC-PRO-60-002a OR ANNEX C Table 1 of this report. 4 Spatial units based on non-geographical characteristics, e.g. type of forested area tenure/ownership, scope of management, scale, intensity, and risk.

https://new.forest.go.th/economy

http://www.forest.go.th/forestry

plantation, BE 2535, revised BE 2558. All five of

these laws contain measures to limit

deforestation and preserve forest areas. By requiring a

conservation area declaration. And prohibit certain acts that would

result in the destruction of forests, wildlife and wildlife

in the area. Violators are subject to legal sanctions.

Thailand has laws. Classifications of wood

under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484. Eucalyptus is not restricted

species. Eucalyptus cultivation in Thailand is

set to grow in private owned land. Can be done

without asking permission. 1.2 Concession licenses.

https://new.forest.go.th/ economy/th/

Forest Act 2484(1941)

‘Low Risk (1)’ - There is no need

concession license for eucalyptus wood.

Thailand has announced the abolition of the wood working concession. It is

forbidden to trade logs cut from natural forests since

1989. This is to ensure that timber, wood and wood

products from Thailand are not destroyed by logging.

Thailand has laws. Classifications of wood

under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484. Eucalyptus is not restricted

species. There are no needs to concession

licenses for Eucalyptus planting in the private land.

1.3 Managem

forestinfo.forest.go.th/ Content/file/

‘Low Risk (1)’ -

https://new.forest.go.th/

ent and harvesting planning

forest_low/forest-law2559.pdf

www.forest.go.th/index. php?option=com_conte

nt& view=article&id=304 Forest Act 2484(1941)

- There are no specific legal requirements for planning

eucalyptus harvest management. Because

eucalyptus is the economic tree of Thailand that can be harvested freely. Thailand has laws. Classifications of

wood under certain conditions are two types.

Restricted and Non restricted woods follow the

Forest Act 2484. Eucalyptus is not restricted

species.

1.4 Harvesting permits.

Forest Act 2484(1941)

‘Low Risk (1)’ Thailand has laws.

Classifications of wood under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484. Eucalyptus is not restricted species. Eucalyptus cutter in Thailand, Do not asks for

a harvest permit. Eucalyptus trees are

designated as economic trees. Harvesting can be

done freely without obtaining any license or certification as no law or regulation is prohibited.

Taxes and fees

1.5 Payment of royalties and harvesting fees.

Forest Act 2484(1941) ‘Low Risk (1)’ Thailand has laws.

Classifications of wood under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484. Eucalyptus is not restricted species. Eucalyptus cutter

in Thailand, No fee for harvest

Eucalyptus trees are designated as economic

http://www.forest.go.th/index

trees. Can be harvested freely without fee.

1.6 Value added taxes and other sales taxes.

Revenue code 2481(1938) ‘Low Risk (1)’ Only for registered

business. Value added taxes will pay by the

company and woodchipmill, who is buy the wood chip. Have to report every month. No need for farmer, lumber

man and collection center.

1.7 Income and profit taxes.

Revenue code 2481(1938) ‘Low Risk (1)’

For Personal such as farmer, lumber man and collection center no need

to pay incomes tax if income less than 240,000

baht per year For registered business

need to pay 20% as total net profit.

Timber Harvesting 1.8 Timber harvesting regulations.

Forest Act 2484(1941) ‘Low Risk (1)’ Thailand has laws.

Classifications of wood under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484. Eucalyptus is not restricted

species. Farmers do not need permit Eucalyptus

harvesting, because Eucalyptus is not restricted

tree by law.

1.9 Protected sites and species.

-National park2504(1961) -Plant Variety protection

Act 2542(1999) -Forest Act 2484(1941

‘Low Risk (1)’ In Thailand, Eucalyptus Not

designated as restricted tree species. As stated on

the website of the Forestry Department. According to

the Forestry Act, 1941. Eucalyptus is planting in

private land and agriculture land isn’t overlap with

-

protected sites and species.

1.10 Environmental requirements.

- Forestry Law, 1941 - National Park Act, 1961

- National Forest Act 1964 - Wildlife Conservation

and Protection Act, 1992 - Forest Park Law, BE

2535, BE 2558

‘Low Risk (1)’ Eucalyptus is an economic

tree and is planted in private and community

lands. Since 1977 still does not show environmental impact. The government

tell farmers to plant eucalyptus with many

program such as biomass program, utilize land by

plant Eucalyptus program.

1.11 Health and safety.

Occupational safety And working environment

2011 Labor protection Act2541(1998)

‘Low Risk (1)’

Thailand have OHS law implement in the field to protect employees work.

Only for 14 business sector and there is no agriculture

business sector. Safety officer have visited

harvesting activities in farmer land didn’t found risk. Because they have

harvesting skill, experience and small scale of

plantation. Collection center and wood chip

suppliers have following the Law because they must send report to Department

of Labor Protect and Welfare.

1.12 Legal employment.

- Labor Protection Act, BE 2541

- Labor Protection Act

(No. 2) BE 2551

- Ministerial Regulations on Labor Protection in Agriculture, BE 2557

‘Low Risk (1)’ Working in the agricultural sector is different from a typical job. Thailand has a

labor protection law in agriculture in 2014. Labor Protection Act, BE 2541

Determine the minimum age of the general labor force from the age of 15 years. Set working hours,

break time, wage determination, employers

will consider many. Relevant factors include

local wage rates. Expertise and experience of

employees and legal minimum wage by verbal agreement and daily pay.

Thailand has a law to protect agricultural

workers. The regulations governing the working of

the agricultural sector with employment conditions and working conditions

that are different from the general work is the

Ministerial Decree on the Protection of Workers in

Agriculture, BE 2557. If the employer violates or fails

to comply with this Ministerial Regulation, he

or she shall be guilty under Section 22, shall be

imprisonment for a term of six months or a fine not

exceeding Baht 100,000 or both under Section 144

paragraph one under the Labor Protection Act, BE. .2541, as amended by the Labor Protection Act (No.

2) BE 2551. There is no report of

violations of the legal rights of workers take place for

agriculture and eucalyptus.

Third parties’ rights 1.13 Customary rights.

https://www.iwgia.org/en/thailand

http://www.sac.or.th/databases/ethnicredb/en/se

arch_by_map.php

‘Low risk (1)’ The indigenous peoples of Thailand live mainly in three geographical regions of the country. The the Chao Ley people, who are indigenous fisher communities, and the Mani, who are small

-



http://www.sac.or.th/databases/ethnicredb/en/search_by_map.php



populations of hunter-gatherers, live in the south. Some small groups live on the Korat plateau of the north-east and east, while the many different highland peoples, the Chao-Khao, live in the north and north-west of the country. Nine so-called “hill tribes” are officially recognised. These are the Hmong, the Karen, the Lisu, the Mien, the Akha, the Lahu, the Lua, the Thin, and the Khamu. In East and North eastern of Thailand, there are no Indigenous people from the map on SAC website. From the interviewed Tab lan National park, indigenous people lives in forest, not in private land.

Eucalyptuses come from private land.

1.14 Free, Prior and Informed Consent.

https://new.forest.go.th Forest Act 2484(1941)

‘Low Risk (1)’ Eucalyptus trees are

designated as economic trees. Harvesting can be

done freely without obtaining any license or certification as no law or regulation is prohibited.

The buyer will be find the plantation and purchase from owner of the land, after payment they will

start to harvest and carry log to chip mills.

-

1.15 Indigenous peoples’ rights.


‘Low risk (1)’ The indigenous peoples of Thailand live mainly in three geographical regions of the country. The the

-

https://new.forest.go.th/



http://www.sac.or.th/databases/ethnicredb/en/se

arch_by_map.php

Chao Ley people, who are indigenous fisher communities, and the Mani, who are small populations of hunter-gatherers, live in the south. Some small groups live on the Korat plateau of the north-east and east, while the many different highland peoples, the Chao-Khao, live in the north and north-west of the country. Nine so-called “hill tribes” are officially recognised. These are the Hmong, the Karen, the Lisu, the Mien, the Akha, the Lahu, the Lua, the Thin, and the Khamu. In East and North eastern of Thailand, there are no Indigenous people from the map on SAC website. From the interviewed Tab lan National park, indigenous people lives in forest, not in private land. Eucalyptuses come from private land.

Trade and transport

1.16 Classification of species, quantities, qualities.

-Forest Act 2484(1941) - The National Forest Act,

BE 2507 (1964),

‘Low Risk (1)’ Thailand has laws.

Classifications of wood under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484.

Eucalyptus is Non-restricted wood so no

needs to pay Fee, Royalty and forest Taxes.

-

1.17 Trade and transport.

-Transport Act 2522(1979)

-Forest Act 2484(1941)

‘Low Risk (1)’ - In Thailand there are no

rules or regulations for the transportation of




eucalyptus logs. Because Eucalyptus is economic tree and Non-restricted

wood. Thailand has laws. Classifications of wood

under certain conditions are two types. Restricted and Non restricted woods follow the Forest Act 2484. Eucalyptus is Non-restricted wood.

1.18 Offshore trading and transfer pricing.

Future Trading Act 2546(2008)

‘Low Risk’(1) Thailand has revenue Law and companies follow it. Each monthly /yearly The

company must send account report to revenue department. If They found some data is mistake, they will Follow future trading

act.

-

1.19 Custom regulations.

Export and Import Act 2558(2015)

‘Low Risk (1)’ There are no custom rules for eucalyptus wood. Eucalyptus is Non-restricted wood and Category 3 of Notification of the Ministry of Commerce Notification of the requirement for wood to be exported to outside the Kingdom of Thailand 2012. The log come from plantation is allowed to be exported with issuance of certificate from the Royal forestry Department.

-

1.20 CITES. CITES List ‘Low Risk (1)’ Eucalyptus camadulensis and hybrid is not in the

CITES list.

Due diligence/due care 1.21 Legislation requiring due diligence/d

www.rd.go.th, www.customs.go.th/list,

‘Low Risk (1)’ The company has

legislation requiring due diligence and due care

procedures. Thailand has

-

http://www.customs.go.th/list

ue care procedures. (6.1)

revenue and customs law to keep the evidence

general document 5 years and tax document 10

years, then the company follows it. The company

must be sent the accounting report to

Revenue Department every year.

The log come from plantation is allowed to be exported with issuance of certificate from the Royal

forestry Department.

Controlled wood category 2: Wood Harvested in violation of traditional and human rights


legality categories

and subcategories)

(1)


(2)

Risk determination and specification (if

not low risk) Provide numbers of



threshold). (3)

Functional scale7

(4)

Control Measures

(5)

2.1. The forest sector is not associated with violent armed conflict, including that which threatens national or regional security and/or is linked to military control.

https://scsanctions.un.org/consolidated/; http://www.bscn.nl/sanctions-consulting/sanctions-list-countries https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds507_e.htm https://www.thompsoncoburn.com/docs/default-source/publication-documents/country-chart.pdf?sfvrsn=4 http:// www.treasury.gov/resource-center/sanctions/ Programs/Pages/Programs.aspx. http://eeas.

‘Low risk (1)(2)(3)(4) Not covered by a UN on export. - Thailand is not covered by any other international ban on export. -No any individuals or entities involved in the forest sector that are facing UN sanctions. -No any area a source of

5 Provide justification why only these sources were used in the assessment. 6 See threshold number as provided in FSC-PRO-60-002a. 7 Spatial units based on non-geographical characteristics, e.g. type of forested area tenure/ownership, scope of management, scale, intensity, and risk.

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds507_e.htm



https://www.thompsoncoburn.com/docs/default-source/publication-documents/country-chart.pdf?sfvrsn=4





europa.eu/cfsp/sanctions/index_en.htm www.un.org/sc/ committees https://cites.org/eng/cms/index.php/component/cp/country/TH

2.2. Labor rights are upheld including rights as specified in ILO Fundamental Principles and Rights at Work.

http://www.ilo.org/asia/countries/thailand/lang--en/index.htm http://www.labour.go.th/th/doc/law/labour_protection_2541_new.pdf http://www.labour.go.th/th/attachments/article/23970/23970.pdf

‘Low risk (10)’ No any violation of ILO core convention found in East and North Eastern of Thailand. Thailand has a law for protection Labor in agriculture and child labor including Thailand joint in ILO since 1919.

2.3. The rights of indigenous and traditional peoples upheld


http://www.sac.or.th/databases/ethnicredb/en/search_b

y_map.php

‘Low risk (16)’ The indigenous peoples of Thailand live mainly in three geographical regions of the country. The the Chao Ley people, who are indigenous fisher communities, and the Mani, who are small populations of hunter-gatherers, live in the south. Some small groups live on the Korat plateau of the north-east and east, while the many different highland peoples, the Chao-Khao, live in the north and north-west of the country. Nine so-called “hill tribes” are officially recognised. These are the Hmong, the Karen, the Lisu, the Mien, the Akha, the Lahu, the Lua, the






Thin, and the Khamu. In East and North eastern of Thailand, there are no Indigenous people from the map on SAC website. From the interviewed Tab lan National park, indigenous people lives in forest, not in private land. Eucalyptuses come from private land.

Controlled wood category 3: Wood from forests in which high conservation values are threatened by management activities


legality categories

and subcategories)

(1)


(2)

Risk determination

and specification (if

not low risk) Provide

numbers of thresholds9 that

are met. JUSTIFY THE

OUTCOME (for each

threshold). (3)

Functional scale10

(4)

Control Measures

(5)


3.1 HCV 1 www.worldwildlife.org/ science/wildfinder/

‘Low risk (6)’ In Thailand still HCV1 because have forest in

East and North eastern areas that protected

by Government. But Eucalyptus is

planted in private and

agricultural land since 40 years

ago.

3.2 HCV 2 http://intactforests.org/ world.webmap.html

‘Low risk (10)’ In Thailand still have HCV 2 because have Intact Forest landscape in East and North Eastern area. Intact landscape is protected by Government. But Eucalyptus is planted in private and agricultural land since 40 years ago. This private land is not part of Intact Forest.

3.3 HCV 3 https://www.worldwildlife.org /science/wildfinder/

‘Low risk (14)’ In Thailand still

have HCV3, because in East

and North Eastern have critical and Endangered Tropical and

subtropical dry broadleaf forest (Global 200) and Mangroves. It is

protected by Government.

But Eucalyptus is planted in

private and

https://www.worldwildlife.org/

agricultural land since 40 years

ago. 3.4 HCV 4 The source of information can be

from interview and field observation in the field

www.mekong-protected-areas.org/thailand/maps/landuse.gif

‘Low risk (20)’ .In East and

North eastern still has forest as

HCV4. It is protected by Government.

But Eucalyptus is planted in

private and agricultural land since 40 years

ago.

3.5 HCV 5 Forest Act. (2484) www.mekong-protected-

areas.org/thailand/maps/landuse.gif

‘Low risk (24)’ In East and

North Eastern of Thailand, local community use

Non-timber forest products

in national forest. But

Eucalyptus is planted in

private and agricultural land. Then

management activity not

impact to HCV5.

3.6 HCV 6 Forest Act. (2484) www.mekong-protected-

areas.org/thailand/maps/landuse.gif

‘Low risk (28)’ In East and

North Eastern of Thailand have

HCV 6. Because forest outside of

protected forest, the monk

can be live inside. But

Eucalyptus is planted in

private and agricultural

land.

Where an HCV assessment framework that meets FSC controlled wood requirements for HCV presence and threat assessment as provided in FSC-PRO-60-002a has been developed by the relevant FSC National Office, it shall be applied in the extended company risk assessment for controlled wood category 3.

Controlled wood category 4: Wood from forests being converted to plantations or non-forest use


legality categories

and subcategories)

(1)


(2)

Risk determination

and specification (if

not low risk) Provide

numbers of thresholds12 that

are met. JUSTIFY THE

OUTCOME (for each

threshold). (3)

Functional scale13

(4)

Control Measures

(5)


4.1 Conversion of natural forests to plantations or non- forest use in the area under assessment is less than 0.02% or 5000 hectares average net annual loss for the past 5 years (whichever is less), OR Conversion is illegal at the national or regional level on public and private land Note: The following changes are not considered applicable conversion according to the indicator: (legal) road construction, logging landings and infrastructure development to support forestry operations.

- Forestry Law, 1941 - National Park Act, 1961

- National Forest Act 1964 - Wildlife Conservation and

Protection Act, 1992 - Forest Park Law, BE 2535, BE 2558

www.mekong-protected-areas.org/thailand/maps/landuse.gif

‘Low risk (1)’ The Forest Act

BE 2484 (Section 54) The

National Park Act BE 2504

(Section 16) The National Forest

Act 1964 (Section 14) and

the Wildlife Conservation

and Protection Act 1992 (Article

38) Identify forest

destruction in terms of damage to forest areas. Do not cut logs

in the forest without permit to

cut. To change the forest area To build a road or

widen the improvement of

government construction.

Licensed by the National Park

Service and the Royal Forest Department,

which requires strict monitoring of the impact on

the forest. Laws related to changing forest

areas. Continuous

improvement to prevent

invasion. And change the forest area

Meanwhile, the government has

a policy to protect. Add

existing forest areas. And

incentives to create new

forest areas for people under the

Forest Park Program. It is

under operation. The forest land

has change to be agricultural land on 1961 and no

more conversion. Eucalyptus is

planted in private and agricultural

land.

Table 5. Requirements for risk assessment of the use of GM trees


legality categories

and subcategories)

(1)


(2)

Risk determination and specification (if not low

risk) Provide numbers of



threshold). (3)

Functional scale16

(4)

Control Measures

(5)

5.1. There is no commercial

use of genetically

modified trees.

Spatial database of relevant forest areas.

/ Plant Variety

Protection Act 1999 http://www.fao.org/ docrep/008/ae574e

/ae574e00.htm

‘Low Risk (2)’ GMO not applicable to eucalyptus growing in

Thailand There is no mention of the

development of GMO strains for eucalyptus in Thailand. And no information on the

website of the Department of Forestry.

Recent FAO studies (preliminary examinations of forest biotech and genetics

2004) have not grown commercial GM crops in the

country.


http://www.fao.org/

ANNEX A MAPS OF THE SOURCING AREA (East and North Eastern)

http://www.google.co.th/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&ved=0ahUKEwjB_Y-iwO_VAhUHPI8KHeEFBC4QjRwIBw&url=http://www.mapofthailand.org/&psig=AFQjCNFeYL-hjhIm6_UdKimHCucozt6xxw&ust=150365143996061

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ANNEX B LIST OF APPLICABLE LEGISLATION

Indicator (Applicable legality categories and sub-categories)

Available Law and Regulation

Legal rights to harvest 1.1 Land tenure and management rights. Legislation covering land tenure rights, including customary rights as well as management rights, that includes the use of legal methods to obtain tenure rights and management rights. It also covers legal business registration and tax registration, including relevant legally required licenses. (1.16)

Land Law Act 2497(1954) Land Acquisition Act 2511(1968) - Forestry Law, 1941 - National Park Act, 1961 - National Forest Act 1964 - Wildlife Conservation and Protection Act, 1992 - Forest Park Law, BE 2535, BE 2558

1.2 Concession licenses. Legislation regulating procedures for issuing forest concession licenses, including the use of legal methods to obtain concession licenses. Bribery, corruption and nepotism are particularly well-known issues that are connected with concession licenses. (1.2)

- https://new.forest.go.th/economy/th/ - Forest Act 2484 (1941)

1.3 Management and harvesting planning. Any national or sub-national legal requirements for Management Planning, including conducting forest inventories, having a forest Management Plan and related planning and monitoring, impact assessments, consultation with other entities, as well as approval of these by legally competent authorities. (1.3)

- - Forest Act 2484 (1941) forestinfo.forest.go.th/ Content/file/ forest_low/forest-law2559.pdf www.forest.go.th/index. php?option=com_content& view=article&id=304

1.4 Harvesting permits. National or sub-national laws and regulations regulating procedures for issuing of harvesting permits, licenses or other legal document required for specific harvesting operations. This includes the use of legal methods to obtain the permits. Corruption is a well-known issue that is connected with the issuing of harvesting permits. (1.4)

- Forest Act 2484 (1941)

Taxes and fees 1.5 Payment of royalties and harvesting fees. Legislation covering payment of all legally required forest harvesting-specific fees such as royalties, stumpage fees and other volume-based fees. This includes payments of the fees based on the correct classification of quantities, qualities and species. Incorrect classification of forest products is a well-known issue that is often combined with bribery of officials in charge of controlling the classification. (2.1)

- Forest Act 2484 (1941)

1.6 Value added taxes and other sales taxes. - Revenue Code 2481 (1938)

Legislation covering different types of sales taxes which apply to the material being sold, including the sale of material as growing forest (standing stock sales). (2.2) 1.7 Income and profit taxes. Legislation covering income and profit taxes related to profit derived from the sale of forest products and harvesting activities. This category is also related to income from the sale of timber and does not include other taxes generally applicable for companies and is not related to salary payments. (2.3)

- Revenue Code 2481 (1938)

Timber Harvesting 1.8 Timber harvesting regulations. Any legal requirements for harvesting techniques and technology, including selective cutting, shelter wood regenerations, clear felling, transport of timber from the felling site, seasonal limitations, etc. Typically this includes regulations on the size of felling areas, minimum age and/or diameter for felling activities, and elements that shall be preserved during felling, etc. Establishment of skidding or hauling trails, road construction, drainage systems and bridges, etc., shall also be considered as well as the planning and monitoring of harvesting activities. Any legally binding codes for harvesting practices shall be considered. (3.1)

- Forest Act 2484 (1941)

1.9 Protected sites and species. International, national, and sub-national treaties, laws, and regulations related to protected areas, allowable forest uses and activities, and/or rare, threatened, or endangered species, including their habitats and potential habitats. (3.2)

- -National park2504(1961) - -Plant Variety protection Act

2542(1999) - -Forest Act 2484(1941

1.10 Environmental requirements. National and sub-national laws and regulations related to the identification and/or protection of environmental values including but not limited to those relating to or affected by harvesting, acceptable levels for soil damage, establishment of buffer zones (e.g., along water courses, open areas and breeding sites), maintenance of retention trees on the felling site, seasonal limitations of harvesting time, environmental requirements for forest machineries, use of pesticides and other chemicals, biodiversity conservation, air quality, protection and restoration of water quality, operation of recreational equipment,

- - Forestry Law, 1941 - - National Park Act, 1961 - - National Forest Act 1964 - - Wildlife Conservation and Protection

Act, 1992 - - Forest Park Law, BE 2535, BE 2558

development of non-forestry infrastructure, mineral exploration and extraction, etc. (3.3) 1.11 Health and safety. Legally required personal protection equipment for persons involved in harvesting activities, implementation of safe felling and transport practices, establishment of protection zones around harvesting sites, safety requirements for machinery used, and legally required safety requirements in relation to chemical usage. The health and safety requirements that shall be considered relevant to operations in the forest (not office work, or other activities not related to actual forest operations). (3.4)

- Occupational safety and working environment2011.

- Labor protection Act2541(1998)

1.12 Legal employment. Legal requirements for employment of personnel involved in harvesting activities including requirements for contracts and working permits, requirements for obligatory insurance, requirements for competence certificates and other training requirements, and payment of social and income taxes withheld by the employer. Also covered are the observance of minimum working age and minimum age for personnel involved in hazardous work, legislation against forced and compulsory labor, and discrimination and freedom of association. (3.5)

- Labor Protection Act, BE 2541 - Labor Protection Act (No. 2) BE 2551 - Ministerial Regulations on Labor Protection in Agriculture, BE 2557

Third parties’ rights NOTE: Third parties' rights may be held by different individuals or groups, including, but not limited to, indigenous peoples or traditional peoples. Simultaneously, the risk assessment for Controlled Wood Category 2 shall remain consistent with the scope of Controlled Wood Category 2. 1.13 Customary rights. Legislation covering customary rights relevant to forest harvesting activities, including requirements covering the sharing of benefits and indigenous rights. (4.1)

-

1.14 Free, Prior and Informed Consent. Legislation covering ‘free, prior and informed consent’ in connection with the transfer of forest management rights, and customary rights to the organization in charge of the harvesting operation. (4.2)

- Forest Act 2484 (1941) - https://new.forest.go.th

1.15 Indigenous peoples’ rights. Legislation that regulates the rights of indigenous people as far as it is related to forestry activities. Possible aspects to consider are land tenure, and rights to use certain forest related resources and practice traditional activities, which may involve forest lands. (4.3)

- Labor Protection Act 2541(1998)

- www.forestpeople.org

Trade and transport NOTE: This section covers the legislation relevant for the trade and transport of material originating from the area under assessment. 1.16 Classification of species, quantities, qualities. Legislation regulating how harvested material is classified in terms of species, volumes and qualities in connection with trade and transport. Incorrect classification of harvested material is a well-known method to reduce or avoid payment of legally prescribed taxes and fees. (5.1)

-Forest Act 2484(1941) - The National Forest Act, BE 2507 (1964),

1.17 Trade and transport. All required trading and transport permits shall exist as well as legally required transport documents which accompany the transport of wood from forest operations. (5.2)

- Transport Act 2522(1979) - Forest Act 2484(1941)

1.18 Offshore trading and transfer pricing. Legislation regulating offshore trading. Offshore trading with related companies placed in tax havens, combined with artificial transfer prices is a well-known way to avoid payment of legally prescribed taxes and fees to the country of harvest and is considered to be an important source of funds that can be used for payment of bribery to the forest operations and personnel involved in the harvesting operation. Many countries have established legislation covering transfer pricing and offshore trading. It should be noted that only transfer pricing and offshore trading, as far as it is legally prohibited in the country, can be included here. (5.3)

- Future Trading Act 2546 (2003)

1.19 Custom regulations. Custom legislation covering areas such as export/import licenses and product classification (codes, quantities, qualities and species). (5.4)

- Export and Import Act 2558(2015)

1.20 CITES. CITES permits (the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention). (5.5)

-Department of National Parks, Wildlife and Plant Conservation -Wildlife and Plant Conservation Division in accordance with the Convention. - Forest Act, 1941 - Wildlife Conservation and Protection Act 1992

Due diligence/due care 1.21 Legislation requiring due diligence/due care procedures. (6.1)

www.rd.go.th,

www.customs.go.th/list,

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